2. • Under Indian penal code General Defences are
contained in chapter IV - Sections 76 to 106
3. 1. Mistake of fact- Sec- 76,79
2. Privileged Act and Judicial Act- Sec-77 ,78
3. Accident Sec- 80
4. Necessity Sec-81
5. Infancy – Sec- 82,83
6. Insanity- Sec-84
7. Intoxication sec- 85,86
8. Acts done with consent and good faith sec-87 -93
9. Triviality Sec-95
10. Private defence – Sec-96 to 106
4. Mistake of Fact (Section 76 and79)
• Section 76 - Act done by a person bound, or
by mistake of fact believing himself bound,
by law- Nothing is an offence which is done by
a person who is, or who by reason of a
mistake of fact and not by reason of a mistake
of law in good faith believes himself to be,
bound by law to do it.
5. Illustrations
• (a) A, a soldier, fires on a mob by the order of
his superior officer, in conformity with the
commands of the law. A has committed no
offence.
• (b) A, an officer of a Court of Justice, being
ordered by that Court to arrest Y, and, after
due enquiry, believing Z to be Y, arrests Z. A
has committed no offence.
6. Ignorantia facti excusat’ ignorantia
juris non excusat
• This provision is based on the common law
maxim, “ignorantia facti excusat’ ignorantia
juris non excusat”
• It means Ignorance of fact is an excuse but
ignorance of law is no excuse.
7. • Section 52 - Good faith- Nothing is said to be
done or believed in "good faith" which is done
or believed without due care and attention.
8. R. V/s. Tolson
(1889) 23 QBD 168
• In this case Mrs. Tolson was acquitted of
bigamy as what she did was on a reasonable
belief that her husband had died. So this act
of remarriage was a mistake of fact and not a
mistake of law. Mistake itself is not excusable
but mistake of fact can be excused if the mind
of the accused is not guilty. In other words,
mistake of fact will afford no protection if the
act of the accused is mala in se (bad in itself).
9. • Section 79 - Act done by a person justified, or
by mistake of fact believing himself justified,
by law- Nothing is an offence which is done by
any person who is justified by law, or who by
reason of a mistake of fact and not by reason
of a mistake of law in good faith, believes
himself to be justified by law, in doing it.
10. Illustration
• A sees Z commit what appears to A to be a
murder. A, in the exercise, to the best of his
judgment exerted in good faith, of the power
which the law gives to all persons of
apprehending murderers in the fact, seizes Z,
in order to bring Z before the proper
authorities. A has committed no offence,
though it may turn out that Z was acting in
self-defence.
11. Bhawoo Jiwaji V. Mulji Dayal
(1888) 12 Bom 377
• In this case, the accused, a police constable, saw the complainant
early one morning, carrying under his arm three pieces of cloth.
Suspecting that the cloth was stolen, he went up to the
complainant and questioned him. The complainant gave answers
that were not satisfactory and refused to allow the constable to
inspect the cloth and a scuffle thereupon ensued between the two.
The complainant was arrested by the constable, but was released
by the Inspector of Police. The complainant then prosecuted the
constable for wrongful restraint and confinement, and the
magistrate convicted the constable of the said offence. The High
Court held that the conviction was wrongful as the constable acted
under a bona fide belief that he was legally justified in detaining
what he suspected to be stolen property.
12. Priviliged Act and Judicial Act
• Section 77 - Act of Judge when acting
judicially - Nothing is an offence which is done
by a Judge when acting judicially in the
exercise of any power which is, or which in
good faith he believes to be, given to him by
law.
13. • Section 78 - Act done pursuant to the judgment
or order of Court-Nothing which is done in
pursuance of, or which is warranted by the
judgment or order of, a Court of Justice; if done
whilst such judgment or order remains in force, is
an offence, ' notwithstanding the Court may have
had no jurisdiction to pass such judgment or
order, provided the person doing the act in good
faith believes that the Court had such jurisdiction.
